The prosecutor is bound to pay the witnesses for the State, and one half of the other costs.
State v. Smith, 6 N.C. 60, 2 Mur. 60 (1811)
July 1811
·
Supreme Court of North Carolina
6 N.C. 60, 2 Mur. 60
The State v. Clayton Smith.
From Rutherford.
Where the Grand Jury return a bill of indictment, “ Not a true bill/' the prosecutor is bound to pay the witnesses for the State, and one half of the other costs.
A bill of indictment for perjury was preferred against the Defendant, by one William Graham, who was in-, dorsed thereon as prosecutor. The Grand Jury returned the bill “ Not a true billand a question arose. Who-*61iher the prosecutor was bound to pay the witnesses for the State ? and that question was sent to this Court.